Indian Court says Minors eloping to marry not an offence

[dray]

So technically your law will permit marriage of under 18 the age limit set by the same court ?

Just asking

The job of a judge is not exactly a clerical job, a judge is qualified to apply the law keeping in mind best interest of the persons concerned.

 

[dray]

When I was 17 in 11th standard, I also fell in love with a 16 year old girl from 10th std in the convent school next door to ours. My two elder brothers and her brothers were enemies though (I think that too started with a girl somewhere) and when they found out our life was hell.

We too thought of running away that time (I was going to sell my dad's old LML Vespa and she and I had already done a deal with a tout to buy and strip an old dilapidated Morris Minor in her compound - no papers).

I was heart broken when her dad shifted to Delhi (he was in a public sector bank).

Childhood love is always the sweetest. Nothing comes close after that.

Awww...!! That was a very sweet romantic love story But what after they were shifted to Delhi, you didn't contact her??

People are so interested in crossing swords online and gaining upper hand that when a brother shares his real life sad story no one even puts a hand around his shoulders and says hausla rakh mere bhai .....

Is she married now? If not, then go to Delhi, we will arrange to sell all the cars her father has and settle you two!!

 

[Srinivas]

This landmark judgement is related to age relaxation of Major, .i.e a girl can choose his husband if she is 18 or above earlier. But if the girl is below 18 years and if she had a boy friend, Then parents can deny her right to marry him and some times they do honor killings.

So this judgement allows the girl to get protection from police and also provide right to marry her boy friend even if she is below 18 years of age. (This is like an amendment to the existing law done to protect the rights of minor girls who are in love and also to avoid honor killings)

Minors eloping to marry not an offence: High court


CHANDIGARH: Desiring to marry the person a girl loves is not an offence even if she is below 18, the Punjab and Haryana high court has ruled in a clear message to people supporting killings in the name of honour.

The court asked police to provide protection to couples, who have got married against the wishes of their parents, in its common order. The ruling came in response to different petitions from couples, including minors, seeking police protection from their parents and relatives.Justice Mahesh Grover of the vacation bench observed a young girl in love has two courses available — to marry with the consent of her parents or to wait for attaining the age of 18.

"A father has no right to forcibly marry off his daughter, who is even below 18 years against her wishes. Neither he has right to kill her because she intends to marry out of her religion," said the judge on October 15.

"If a girl around 17 years of age runs away from her parents' house to save herself from the onslaught of her father and relatives and joins her lover or runs away with him, it is no offence either on the part of the girl or on the part of the boy with whom she ran away and married."

The HC referred to various Supreme Court judgments and observed if parents do not agree to such alliances, the couple has a right to protect themselves.

The court has been flooded with petitions from couples even during the vacation period due to rampant killings in the name of honour in Haryana.

The vacation bench received 20 pleas from couples' daily seeking police protection. They accounted for 80% of cases the bench heard during this period.

In majority of cases, girls have filed petitions fearing threats to their lives for marrying boys of their choice.

"During vacations, only one judge sits in the bench to hear petitions like habeas corpus or similar matter involving urgency," said a HC official.

The HC had in July 2012 empowered all district and sessions judges along with the district administrations to protect couples, who have married against their parents wishes.

Despite this, Chandigarh is still a favourite destination for them as they are scared of approaching district courts in their native areas.



Minors eloping to marry not an offence: High court - The Times of India